S T A T E O F N E W Y O R K
________________________________________________________________________
4504
2025-2026 Regular Sessions
I N S E N A T E
February 6, 2025
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Introduced by Sens. GRIFFO, BORRELLO, CANZONERI-FITZPATRICK, GALLIVAN,
HELMING, OBERACKER, O'MARA, ORTT, TEDISCO -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
AN ACT to amend the general municipal law and the education law, in
relation to prohibiting the establishment of certain programs mandated
for municipal corporations and school districts unless such programs
are fully funded by the state; and to establish the New York state
mandate review council
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 26 to read as follows:
§ 26. FUNDING OF MANDATES. 1. DEFINITIONS. AS USED IN THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT
SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE; OR
(II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE, AND WHICH RESULTS IN A NET
ADDITIONAL COST TO SUCH MUNICIPAL CORPORATION;
(II) ANY ALTERATION IN FUNDING PROVIDED TO A MUNICIPAL CORPORATION FOR
THE PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09052-01-5
S. 4504 2
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL
CORPORATION; OR
(III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH ANY MUNICIPAL CORPORATION IS REQUIRED TO PROVIDE,
THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH MUNICIPAL CORPO-
RATION.
(C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A MUNICIPAL
CORPORATION IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH MUNICIPAL CORPO-
RATION ON ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT
LIMITED TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF MUNICIPAL CORPORATION MANDATES. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE
ENACTED WHICH CREATES AN INCREASED ANNUAL NET ADDITIONAL COST TO ANY
MUNICIPAL CORPORATION. EACH MANDATE WHICH IMPOSES A NET ADDITIONAL COST
UPON A MUNICIPAL CORPORATION SHALL PROVIDE FOR COMPENSATION OR FUNDING
BY THE STATE OF THE FULL AMOUNT OF THE NET ADDITIONAL COST THEREOF. IN
THE EVENT SUCH COMPENSATION OR FUNDING IS NOT PROVIDED, THE MANDATE
SHALL BE VOID.
3. EXEMPTIONS TO THE FUNDING OF MUNICIPAL CORPORATION MANDATES
REQUIREMENT. (A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE LOCAL GOVERNMENT
UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED
BY THE MUNICIPAL CORPORATION IN A HOME RULE MESSAGE REQUESTING AUTHORITY
TO IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE
STATUTE IMPOSES COSTS ONLY UPON THAT MUNICIPAL CORPORATION WHICH
REQUESTS THE AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING THEIR EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL
PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON MUNICIPAL
CORPORATIONS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND MUNICI-
PAL CORPORATIONS TO PLAN IMPLEMENTATION THEREOF AND BE CONSISTENT WITH
THE AVAILABILITY OF REQUIRED FUNDS.
§ 2. The education law is amended by adding a new section 1527-b to
read as follows:
§ 1527-B. FUNDING OF MANDATES IMPOSED ON SCHOOL DISTRICTS. 1. DEFI-
NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS UNLESS THE CONTEXT SHALL OTHERWISE REQUIRE:
(A) "MANDATE" MEANS:
S. 4504 3
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT IS REQUIRED TO PROVIDE; OR
(II) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE.
(B) "UNFUNDED MANDATE" SHALL MEAN:
(I) ANY STATE LAW, RULE OR REGULATION WHICH ESTABLISHES A NEW PROGRAM
OR REQUIRES A HIGHER LEVEL OF SERVICE FOR AN EXISTING PROGRAM WHICH A
SCHOOL DISTRICT IS REQUIRED TO PROVIDE AND WHICH RESULTS IN A NET ADDI-
TIONAL COST TO SUCH SCHOOL DISTRICT;
(II) ANY ALTERATION IN FUNDING PROVIDED TO A SCHOOL DISTRICT FOR THE
PURPOSE OF DEFRAYING THE COSTS OF A PROGRAM WHICH IT IS REQUIRED TO
PROVIDE, THEREBY RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL
DISTRICT; OR
(III) ANY PROVISION OF GENERAL LAW WHICH GRANTS A NEW PROPERTY TAX
EXEMPTION OR ABATEMENT OR INCREASES AN EXISTING PROPERTY TAX EXEMPTION
OR ABATEMENT WHICH A SCHOOL DISTRICT IS REQUIRED TO PROVIDE, THEREBY
RESULTING IN A NET ADDITIONAL COST TO SUCH SCHOOL DISTRICT.
(C) "NET ADDITIONAL COST" MEANS THE INCREASED COST OR COSTS INCURRED
OR ANTICIPATED TO BE INCURRED WITHIN A ONE YEAR PERIOD BY A SCHOOL
DISTRICT IN PERFORMING OR ADMINISTERING A MANDATE AFTER SUBTRACTING
THEREFROM ANY REVENUES RECEIVED OR RECEIVABLE BY SUCH SCHOOL DISTRICT ON
ACCOUNT OF THE MANDATED PROGRAM OR SERVICE, INCLUDING BUT NOT LIMITED
TO:
(I) FEES CHARGED TO THE RECIPIENTS OF THE MANDATED PROGRAM OR SERVICE;
(II) STATE OR FEDERAL AID PAID SPECIFICALLY OR CATEGORICALLY IN
CONNECTION WITH THE PROGRAM OR SERVICE; AND
(III) AN OFFSETTING SAVINGS RESULTING FROM THE DIMINUTION OR ELIMI-
NATION OF ANY OTHER PROGRAM OR SERVICE DIRECTLY ATTRIBUTABLE TO THE
PERFORMANCE OR ADMINISTRATION OF THE MANDATED PROGRAM.
2. FUNDING OF SCHOOL DISTRICT MANDATES. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, NO UNFUNDED MANDATE SHALL BE ENACTED
WHICH CREATES A NET ADDITIONAL COST TO ANY SCHOOL DISTRICT. EACH
MANDATE WHICH IMPOSES A NET ADDITIONAL COST UPON A SCHOOL DISTRICT SHALL
PROVIDE FOR COMPENSATION OR FUNDING BY THE STATE OF THE FULL AMOUNT OF
THE NET ADDITIONAL COSTS THEREOF. IN THE EVENT SUCH COMPENSATION OR
FUNDING IS NOT PROVIDED, THE MANDATE SHALL BE VOID.
3. EXEMPTIONS TO THE FUNDING OF SCHOOL DISTRICT MANDATES REQUIREMENT.
(A) THE STATE SHALL NOT BE REQUIRED TO FUND ANY MANDATE FOR SCHOOL
DISTRICTS IF:
(I) THE MANDATE IS REQUIRED BY A COURT ORDER OR JUDGMENT;
(II) THE MANDATE IS PROVIDED AT THE OPTION OF THE SCHOOL DISTRICT
UNDER A LAW, REGULATION, RULE OR ORDER THAT IS PERMISSIVE RATHER THAN
MANDATORY;
(III) THE MANDATE RESULTS FROM THE ENACTMENT OF LEGISLATION REQUESTED
BY THE SCHOOL DISTRICT IN A HOME RULE MESSAGE REQUESTING AUTHORITY TO
IMPLEMENT THE PROGRAM OR SERVICE SPECIFIED IN THE STATUTE, AND THE STAT-
UTE IMPOSES COSTS ONLY UPON THAT SCHOOL DISTRICT WHICH REQUESTS THE
AUTHORITY TO IMPLEMENT THE PROGRAM OR SERVICE;
(IV) THE MANDATE IS REQUIRED BY, OR ARISES FROM, AN EXECUTIVE ORDER OF
THE GOVERNOR EXERCISING THEIR EMERGENCY POWERS; OR
(V) THE MANDATE IS REQUIRED BY STATUTE OR EXECUTIVE ORDER THAT IMPLE-
MENTS A FEDERAL LAW OR REGULATION AND RESULTS FROM COSTS MANDATED BY THE
FEDERAL GOVERNMENT TO BE BORNE AT THE LOCAL LEVEL, UNLESS THE STATUTE OR
S. 4504 4
EXECUTIVE ORDER RESULTS IN COSTS WHICH EXCEED THE COSTS MANDATED BY THE
FEDERAL GOVERNMENT.
(B) EVERY STATUTE, RULE OR REGULATION ESTABLISHING A MANDATE SHALL
PROVIDE THAT THE EFFECTIVE DATE OF ANY SUCH MANDATE IMPOSED ON SCHOOL
DISTRICTS SHALL BE CONSISTENT WITH THE NEEDS OF THE STATE AND SCHOOL
DISTRICTS TO PLAN IMPLEMENTATION THEREOF, AND BE CONSISTENT WITH THE
AVAILABILITY OF REQUIRED FUNDS.
§ 3. New York state mandate review council. 1. There shall be estab-
lished a New York state mandate review council. Such council shall
consist of fifteen members as follows: eight members appointed by the
governor; three members appointed by the state comptroller; one member
appointed by the temporary president of the senate; one member appointed
by the speaker of the assembly; one member appointed by the minority
leader of the senate; and one member appointed by the minority leader of
the assembly. Such members shall be appointed and the council shall
first convene no later than ninety days after this act shall have become
law.
2. The members of the council shall include: at least one current or
former county executive; at least one current or former county comp-
troller; at least one current or former county legislator; at least one
current or former mayor; at least one current or former city comp-
troller; at least one current or former city councilmember; at least one
current or former town supervisor; at least one current or former school
superintendent; and at least one current or former member of a school
board.
3. The council shall hold at least two hearings in each of New York's
regional economic development council regions. No single county, city,
town or village may host both hearings. Additionally, the council shall
meet in the state capitol as often as necessary to draft the report
required pursuant to subdivision 5 of this section.
4. The council shall review all mandates in the state and compile a
report outlining all mandates which have no cost on either the state or
localities, all mandates whose costs are covered by the state, and all
mandates which counties, cities, towns and villages are required to pay
for. The council shall have the authority to eliminate or suspend any
mandate; provided, however that the council shall not be allowed to add
any new mandates or refine any existing mandates other than to eliminate
or suspend such mandates.
5. The council shall draft a report which provides information on all
mandates in the state, indicating those mandates imposed by the state on
localities, the cost of each mandate, the percentage of each county's
budget which accounts for state-imposed mandates, legislative recommen-
dations, and any other information that the council deems relevant.
6. The report required pursuant to subdivision 5 of this section shall
be provided to the governor, the state comptroller, the speaker of the
assembly, the temporary president of the senate, the assembly minority
leader, and the senate minority leader and shall be published on the
website of the state comptroller on the same day that such report is
provided to such state officials.
§ 4. No new mandates may be imposed on localities until the report of
the New York state mandate review council required pursuant to section
three of this act has been published.
§ 5. This act shall take effect immediately and sections one and two
of this act shall apply to mandates enacted on or after such effective
date.
